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ʺOn the procedure for making arrests.

 Resolution of the Council of Peopleʹs Commissars of the USSR and the Central Committee of the CPSU (b) ʺOn the procedure for making arrests.ʺ June 17, 1935

A source:  The tragedy of the Soviet village. Collectivization and dispossession. Documents and materials Volume 4. 1934 ‐ 1936. Moscow ROSSPEN p. 537‐538

Archive:  GARF. F. 5446. Op. 1.D. 481.L. 478‐479. Copy.

No. 213

Secret.

The Council of Peopleʹs Commissars of the USSR and the Central Committee of the CPSU (b) decide:

1.                   In the amendment of the instruction of May 8, 1933, arrests in all cases, without exception, by the NKVD bodies can henceforth be carried out only with the consent of the relevant prosecutor.

2.                   If it is necessary to make an arrest at the scene of a crime, officials from the NKVD authorized to do so by law are obliged to immediately report the arrest to the appropriate prosecutor for confirmation.

3.                   Permits for arrests of members of the Central Executive Committee of the USSR and the Central Executive Committees of the Union republics are given only upon receipt by the bodies of the Prosecutorʹs Office and the NKVD with the consent of the chairman of the Central Executive Committee of the USSR or the chairmen of the Central Executive Committees of the Union republics by affiliation.

Permits for arrests of leading employees of the Peopleʹs Commissariats of the Union and the Union republics and central institutions equated to them (heads of departments and heads of departments, managers of trusts and their deputies, directors and deputy directors of industrial enterprises, state farms, etc.), as well as those in service in various institutions of engineers, agronomists, professors, doctors, heads of educational and research institutions are given in agreement with the relevant peopleʹs commissars.

4.                   Permits to arrest members and candidates of the CPSU (b) are given in agreement with the secretaries of the district, regional, regional committees of the CP (b), the Central Committee of the National Communist Parties, by affiliation, and in relation to communists holding leading positions in the Peopleʹs Commissariats of the Union and equated to them central institutions, upon receipt of the consent of the chairman of the Party Control Commission.

5.                   Permits for arrests of servicemen of the highest and middle command personnel of the Red Army are given in agreement with the Peopleʹs Commissar of Defense.

6.                   Permits for arrests are issued in the district by the district prosecutor, in the autonomous republics by the prosecutors of these republics, in the krais (oblasts) ‐ by the krai (oblast) prosecutors.

In cases of crimes on railway and water transport, permits for arrests are issued by district prosecutors, road prosecutors of the basins by affiliation, in cases falling within the jurisdiction of military tribunals ‐ by prosecutors of military districts.

Permits for arrests, issued directly by the Peopleʹs Commissariats of Internal Affairs of the Union republics, are issued by the prosecutors of those republics.

Permits for arrests, issued directly by the Peopleʹs Commissariat of

Internal Affairs of the USSR, are issued by the Union Prosecutor.

Chairman of the Council of Peopleʹs Commissars of the USSR V. Molotov.

Secretary of the Central Committee of the CPSU (b) I. Stalin.